AG2001/7026, Transcript of Proceedings [2001] AIRCTrans 3582 (21 December 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 1557

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2001/7026

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by National Union of Workers for
certification of the Priceline Warehouse
Employees Enterprise Agreement 2001

MELBOURNE

10.22 AM, TUESDAY, 4 DECEMBER 2001

PN1

MR T. LYONS: I appear for the National Union of Workers.

PN2

MS O. HUNT: I appear for Priceline.

PN3

THE SENIOR DEPUTY PRESIDENT: Is somebody going to speak to the agreement or do you want me to - - -

PN4

MR LYONS: In this matter the NUW and Priceline seek certification of an agreement pursuant to division 2 of the Act. In doing so we rely on the statutory declaration of Mr Donnelly, the Branch Secretary of the union, and Mr Grant, the Logistics Director of Priceline Pty Limited. We say that those declarations made out the requirements of the Act in relation to the application have been met and also contain such other information as the Commission is required to satisfy itself of prior to certifying an agreement.

PN5

I will note, your Honour, that there is a typographical error in both of the statutory declarations concerning the approval date of the agreement and that is at page 4 of both declarations, paragraph 6.2, and you will note there that it indicates that the approval date of the agreement was 26 October 2001 which presents an interesting problem given that the declaration of Mr Donnelly was sworn and the application made on 25 October.

PN6

My understanding, your Honour, is that the approval date was 25 October and the Court documents were completed on the same day. That is a typographical error. We would ask you to exercise your discretion to correct the error in the documents or alternatively, if you so require, the union can arrange for the filing of amended declarations. If the Commission pleases.

PN7

THE SENIOR DEPUTY PRESIDENT: I don't think that is necessary. I can change those. I don't think there is any objection from Priceline.

PN8

MS HUNT: No.

PN9

THE SENIOR DEPUTY PRESIDENT: Right.

PN10

MR LYONS: Your Honour, unless you had any questions about the contents of the agreement we would seek certification from today's date. If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: No. Can I say that I have been through the agreement and I have no questions that I wish to put to either of the parties. Did you want to add anything?

PN12

MR HUNT: No, your Honour. The company supports the union's submissions and we rely on our affidavit.

PN13

THE SENIOR DEPUTY PRESIDENT: Okay. This is an application pursuant to section 170LJ of the Workplace Relations Act for certification of the Priceline Warehouse Employees Enterprise Agreement 2001. The parties to the agreement are the company, the employees covered by the classifications in the agreement and the National Union of Workers. They have provided the necessary statutory declarations and I am satisfied they have complied with the requirements of the Act and accordingly the agreement will be certified. An order will issue to take effect from today's date and to remain in force until 31 August 2004. I note that the agreement commenced operation from 1 September 2001. That agreement is hereby certified. Thank you.

ADJOURNED INDEFINITELY [10.25am]